Special Local Regulation; Tampa Bay, St. Petersburg, FL, 48302-48304 [2021-18639]
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48302
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
(d) Each person who pays, either
directly or through another person, the
annual fee set forth in paragraph (c) of
this section, each person excepted
under paragraph (c) of this section from
paying the annual fee, and each person
excepted from paying an annual fee
under § 310.4(b)(1)(iii)(B), will be
provided a unique account number that
will allow that person to access the
registry data for the selected area codes
at any time for the twelve month period
beginning on the first day of the month
in which the person paid the fee (‘‘the
annual period’’). To obtain access to
additional area codes of data during the
first six months of the annual period,
each person required to pay the fee
under paragraph (c) of this section must
first pay $69 for each additional area
code of data not initially selected. To
obtain access to additional area codes of
data during the second six months of
the annual period, each person required
to pay the fee under paragraph (c) of this
section must first pay $35 for each
additional area code of data not initially
selected. The payment of the additional
fee will permit the person to access the
additional area codes of data for the
remainder of the annual period.
*
*
*
*
*
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2021–18263 Filed 8–27–21; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0431]
RIN 1625–AA08
Special Local Regulation; Tampa Bay,
St. Petersburg, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for certain waters of Tampa Bay, St.
Petersburg, FL. This action is necessary
to provide for the safety of race
participants, participant vessels,
spectators, and the general public on
these navigable waters near the St.
Petersburg Pier during the St. Pete
Powerboat Grand Prix boat race. This
rule will establish an enforcement area
where all persons and vessels, except
those persons and vessels participating
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SUMMARY:
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in the high speed boat race, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area without
obtaining permission from the Captain
of the Port St. Petersburg or a designated
representative.
DATES: This rule is effective daily from
8 a.m. until 7 p.m. each day from
September 3, 2021, through September
5, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0431 in the search box and click
‘‘Search.’’ Click on Open Docket Folder
on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, U.S. Coast
Guard Sector St. Petersburg Prevention
Department; telephone 813–228–2191,
email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with the power boat race.
The NPRM process would delay the
establishment of the temporary special
local regulation until after the date of
the event and compromise public safety.
We must establish this temporary
special local regulation immediately
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
power boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the St. Petersburg (COTP) has
determined that potential hazards
associated with the St. Pete Powerboat
Grand Prix, St. Petersburg, FL will be a
safety concern for anyone within cetain
waters adjacent to St. Petersburg Pier.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the
regulated area during the event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation daily from 8:00
a.m. until 7:00 p.m. each day from
September 3, 2021, through Septenber 5,
2021. The temporary special local
regulation will establish an enforcement
area where designated representatives
may control vessel traffic as determined
by the prevailing conditions. The
enforcement area will cover all
navigable waters of Tampa Bay near the
St. Petersburg Pier inside an area
commencing at latitude 27°46′56″ N,
082°36′56″ W, thence to position
27°47′9″ N, 082°34′33″ W, thence to
position 27°46′7″ N, 082°34′29″ W,
thence to position 27°45′59″ N,
082°37′3″ W, thence to position
27°46′24″ N, 082°37′30″ W, thence back
to the original position, 27°46′56″ N,
082°36′56″ W.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
regulated area is granted by the COTP
St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP St. Petersburg or a designated
representative. The Coast Guard will
provide notice of the temporary special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and/or on-scene designated
representatives.
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the following reasons: (1)
The special local regulation would be
enforced in a small designated area off
of the St. Petersburg Pier for only eleven
hours on three days; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the regulated area without
authorization from the COTP St.
Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
period if authorized by the COTP St.
Petersburg or a designated
representative; and (4) the Coast Guard
will provide advance notification of the
special local regulation to the local
maritime community by Local Notice to
Mariners and/or Broadcast Notice to
Mariners.
khammond on DSKJM1Z7X2PROD with RULES
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
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rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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48303
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary special
local regulation related to organized
marine events lasting 11 hours each day
for a total of three days. It is
categorically excluded from further
review under paragraph L(61) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
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48304
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 100.T07–0431 to read as
follows:
Coast Guard
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■
§ 100.T07–0431 Special Local Regulations;
St. Pete Powerboat Grand Prix, Tampa Bay;
St. Petersburg, FL.
33 CFR Part 165
(a) Location. The following regulated
area is a special local regulation: All
waters of Tampa Bay contained within
the following points: 27°46′56″ N,
082°36′56″ W, thence to position
27°47′9″ N, 082°34′33″ W, thence to
position 27°46′7’’, N, 082°34′29″ W,
thence to position 27°45′59″ N,
082°37′3″ W, thence to position
27°46′24’’, N, 082°37′30″ W, thence back
to the original position, 27°46′56″ N,
082°36′56″ W. All coordinates are North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
COTP St. Petersburg in the enforcement
of the regulated areas.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area unless an
authorized by the COTP St. Petersburg
or a designated representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization is granted, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP St. Petersburg
or a designated representative.
(4) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
(d) Enforcement period. This rule will
be enforced daily from 8 a.m. until 7
p.m., on September 3, 2021 through
September 5, 2021.
Safety Zones; Oregon Symphony
Concert Fireworks, Willamette River,
Portland, OR
Dated: August 24, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2021–18639 Filed 8–27–21; 8:45 am]
BILLING CODE 9110–04–P
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[Docket No. USCG–2021–0670]
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a safety zone regulation for the Oregon
Symphony Concert Fireworks in
Portland, OR on the Willamette River.
This action is necessary to provide for
the safety of life on navigable waters
during fireworks displays. During the
enforcement period, entry into, transit
through, mooring, or anchoring within
the safety zone is prohibited unless
authorized by the Captain of the Port
Sector Columbia River or a designated
representative.
DATES: The regulations in 33 CFR
165.1315 will be enforced for the safety
zone identified in the SUPPLEMENTARY
INFORMATION section below from 8:30
p.m. to 11 p.m. on September 4, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LCDR Sean
Morrison, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email D13–SMB–MSUPortlandWWM@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone for the
Oregon Symphony Concert Fireworks
display found in 33 CFR 165.1315 in
Portland, OR from 8:30 p.m. to 11 p.m.
on September 4, 2021, on the
Willamette River between Hawthorne
Bridge and Marquam Bridge. The safety
zone will include all navigable waters
within 500 yards around the fireworks
barge location of approximately
45°30′42″ N; 122°40′14″ W.
The special requirements listed in 33
CFR 165.1315 apply to the activation
and enforcement of the safety zone. All
vessel operators who desire to enter the
safety zone must obtain permission from
the Captain of the Port or their
Designated Representative by contacting
either the on-scene patrol craft on VHF
CH 13 or CH 16 or the Coast guard
Sector Columbia River Command Center
via telephone at 503–861–6211. The
Coast Guard may be assisted by other
Federal, State, or local law enforcement
agencies in enforcing of the safety zone.
SUMMARY:
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In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide the
maritime community with extensive
advanced notification of enforcement of
the safety zone via the Local Notice to
Mariners.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Columbia River.
[FR Doc. 2021–18571 Filed 8–27–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0601]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone located in federal
regulations for the Cleveland National
Airshow. This action is necessary and
intended for the safety of life and
property on navigable waters during this
event. During each enforcement period,
no person or vessel may enter the safety
zone without the permission of the
Captain of the Port Buffalo.
DATES: The regulations in 33 CFR Table
165.939(d)(2) will be enforced from 8:30
a.m. through 6 p.m. from September 2,
2021, through September 6, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email MST2 Natalie
Smith, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.939 Table (d)(2) for the
Cleveland National Airshow daily from
8:30 a.m. to 6 p.m. September 02, 2021,
through September 06, 2021. This action
is being taken to provide for the safety
of life on navigable waterways during
this multi-day event.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or her
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48302-48304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18639]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0431]
RIN 1625-AA08
Special Local Regulation; Tampa Bay, St. Petersburg, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of Tampa Bay, St. Petersburg, FL. This action is
necessary to provide for the safety of race participants, participant
vessels, spectators, and the general public on these navigable waters
near the St. Petersburg Pier during the St. Pete Powerboat Grand Prix
boat race. This rule will establish an enforcement area where all
persons and vessels, except those persons and vessels participating in
the high speed boat race, are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area without
obtaining permission from the Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective daily from 8 a.m. until 7 p.m. each day
from September 3, 2021, through September 5, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0431 in the search box and click ``Search.'' Click on Open Docket
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael
Shackleford, U.S. Coast Guard Sector St. Petersburg Prevention
Department; telephone 813-228-2191, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. Immediate action
is needed to protect persons and property from the potential safety
hazards associated with the power boat race. The NPRM process would
delay the establishment of the temporary special local regulation until
after the date of the event and compromise public safety. We must
establish this temporary special local regulation immediately and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the power boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the St. Petersburg (COTP) has determined that
potential hazards associated with the St. Pete Powerboat Grand Prix,
St. Petersburg, FL will be a safety concern for anyone within cetain
waters adjacent to St. Petersburg Pier. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the regulated area during the event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation daily
from 8:00 a.m. until 7:00 p.m. each day from September 3, 2021, through
Septenber 5, 2021. The temporary special local regulation will
establish an enforcement area where designated representatives may
control vessel traffic as determined by the prevailing conditions. The
enforcement area will cover all navigable waters of Tampa Bay near the
St. Petersburg Pier inside an area commencing at latitude
27[deg]46'56'' N, 082[deg]36'56'' W, thence to position 27[deg]47'9''
N, 082[deg]34'33'' W, thence to position 27[deg]46'7'' N,
082[deg]34'29'' W, thence to position 27[deg]45'59'' N, 082[deg]37'3''
W, thence to position 27[deg]46'24'' N, 082[deg]37'30'' W, thence back
to the original position, 27[deg]46'56'' N, 082[deg]36'56'' W.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the COTP St. Petersburg or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP St. Petersburg or a designated representative.
The Coast Guard will provide notice of the temporary special local
regulation by Local Notice to Mariners, Broadcast Notice to Mariners,
and/or on-scene designated representatives.
[[Page 48303]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the following
reasons: (1) The special local regulation would be enforced in a small
designated area off of the St. Petersburg Pier for only eleven hours on
three days; (2) although persons and vessels may not enter, transit
through, anchor in, or remain within the regulated area without
authorization from the COTP St. Petersburg or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the regulated area during the
enforcement period if authorized by the COTP St. Petersburg or a
designated representative; and (4) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and/or Broadcast Notice to
Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a temporary special local regulation related to
organized marine events lasting 11 hours each day for a total of three
days. It is categorically excluded from further review under paragraph
L(61) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
[[Page 48304]]
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0431 to read as follows:
Sec. 100.T07-0431 Special Local Regulations; St. Pete Powerboat Grand
Prix, Tampa Bay; St. Petersburg, FL.
(a) Location. The following regulated area is a special local
regulation: All waters of Tampa Bay contained within the following
points: 27[deg]46'56'' N, 082[deg]36'56'' W, thence to position
27[deg]47'9'' N, 082[deg]34'33'' W, thence to position 27[deg]46'7'',
N, 082[deg]34'29'' W, thence to position 27[deg]45'59'' N,
082[deg]37'3'' W, thence to position 27[deg]46'24'', N, 082[deg]37'30''
W, thence back to the original position, 27[deg]46'56'' N,
082[deg]36'56'' W. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
St. Petersburg in the enforcement of the regulated areas.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area unless an authorized by the COTP St.
Petersburg or a designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP St. Petersburg or a designated
representative.
(4) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners and/or Broadcast Notice to Mariners.
(d) Enforcement period. This rule will be enforced daily from 8
a.m. until 7 p.m., on September 3, 2021 through September 5, 2021.
Dated: August 24, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-18639 Filed 8-27-21; 8:45 am]
BILLING CODE 9110-04-P